Regulations last checked for updates: Oct 18, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024
§ 2802.10 - What lands are available for grants?

(a) In its discretion, BLM may grant rights-of-way on any lands under its jurisdiction except when:

(1) A statute, regulation, or public land order specifically excludes rights-of-way;

(2) The lands are specifically segregated or withdrawn from right-of-way uses; or

(3) BLM identifies areas in its land use plans or in the analysis of an application as inappropriate for right-of-way uses.

(b) BLM may require common use of a right-of-way and may require, to the extent practical, location of new rights-of-way within existing or designated right-of-way corridors (see § 2802.11 of this subpart). Safety and other considerations may limit the extent to which you may share a right-of-way. BLM will designate right-of-way corridors through land use plan decisions.

(c) You should contact the BLM to:

(1) Determine the appropriate BLM office with which to coordinate;

(2) Determine whether or not the land you want to use is available for that use; and

(3) Begin discussions about any application(s) you may need to file.

[70 FR 21058, Apr. 22, 2005, as amended at 89 FR 25959, Apr. 12, 2024]
source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.
cite as: 43 CFR 2802.10